Municipal Structures Act

8/14/2019 Municipal Structures Act

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~ i? ,No, 19614 GOVERNMENT G=E~E, 18 DEC~BER ~w8~Ac t No . 117, 1998 LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT,

1998

GENERAL EXPLANATORY NOTE:.,. . ,., : .i~zbe$i:J :: . : -~ ; :.-~>3\J \

Words underlined with a solidline indicate insefiions ~existing enactments, ., t-~: J\.

(English text signedby the President. )(Assented to 11 December 1998. )

$ ,,*

ACTTo provide for the establishment of municipalities in accordance with therequirements relating to categories and types of municipality; to establish criteriafor determining the category of municipality to be established in an area; to define

the types of municipality that may be established within each category; to providefor an appropriate di~ision of functions and powers between categories ofmunicipality; to regulate the internal systems, structures and office-bearers ofmunicipalities; to provide for appropriate electoral systems; and to provide formatters in connection therewith.

PREAMBLE

Whereas the Constitution establishes local government as a distinctive sphere ofgovernment, interdependent. and interrelated with national and provincial spheres of

government;

Whereas there is agreement on the fundamental importance of local government to

democracy, development and nation-building in our country;

Whereas past policies have bequeathed a legacy of massive poverty, gross inequalitiesin municipal services, and disrupted spatial. social and economic environments in whichour people continue to live and work:

Whereas there is fundamental agreement in our country on a vision of democratic anddevelopmental local government. in which municipalities fulfil their constitutionalobligations to ensure sustainable. effective and efficient municipal services, promotesocial and economic development, encourage a safe and healthy environment byworking with communities in creating environments and human settlements in which all

our people can lead uplifted and dignified lives:

Whereas municipalities across our country have been involved in a protracted, difficult

and challenging transition process in which great strides have been made indemocratizing local government; and

Whereas municipalities now need to embark on the final phase in the local government

transition process to be transformed in line with the vision of democratic anddevelopmental local government:

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,

as follows:

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4 No. 19614 GOVERNMENT GME~E, 18 D~~m ~Act No. 117, 1998 LOCAL GOVERNMENT MUMCIPALSTRUCTU~S ACT.

1998

TABLE OF CONTENTS i}1. Definitions -=.

CHAPTER 1

CATEGORIES AND TYPES OF MUNICIPALITY

Part 1: Categories of municipality

2. Category A municipality3. Category B and C municipalities

4. Criteria5. Metropolitan areas6. District management area

Part 2: Types of municipality

7. General8. Types of category A municipalities9. Types of category B municipalities

10. Types of category C municipalities11. Determination of types

CHAPTER 2

ESTABLISHMENT OF MUNICIPALITIES

12. Establishment13. Guidelines for selecting types14. Regulation of establishment15. Review and rationalisation of by-laws16. Amendment of section 12 notices

17. Repeal, amendment or replacement of section 12 notices

CHAPTER 3

MUNIC~AL COUNCILSPart 1: Composition, membership, operation and dissolution

18. Municipal councils

19. Municipal objectives

20. Number ofcouncillors21. Qualifications for councillors22. Election of metro and local councils23. Election and appointment of district councils24. Term of councils

25. By-elections26. Term of office ofcouncillors27. Vacation of office28. Privileges and immunities

29. Meetings

30. Quorums and decisions

31. Business of councils32. Delegations of powers and duties33. Criteria for committees34. Dissolution of councils35. Caret&er provisions

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T., . .,, &,M. . .No. 19614 :.,J.,:,6 GOVERNMENT GAZETTE, 18 D~ ;f ::----

Act No. 117, 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT.1998

Part 2: Speakers of municipal councils

36, Election f r37. Functions38. Term of office39. Vacation of office40. Removal from office

41, Acting speakersCHAPTER 4

INTERNAL STRUCTUMS AND FUNCTIONARIESPart 1: Executive committees

42. Establishment

43. Composition44. Functions and powers4j. Election of members46. Term of office47. Vacancies

48. Election of mayor49. Functions and powers of mayorjO. Meetings51. Proceduresj2. Quorum and decisionsj3. Removal from office

Part 2: Executive mayors54. Types to elect

5j. Election56. Functions and powers57. Termj8. Removal from officej9. Vacation of office60. Mayoral committees

Part 3: Metropolitan subcouncils

61. Types to establish

62. Establishment

63. Composition64. Functions and powers6j. Chairpersons66. Term of office

67. Vacancies68. Meetings

69. Procedures70. Quorum and decisions71. Committees

Part 4: Ward committees

72. Municipalities which may have ward committees73. Establishment74. Functions and powers75. Term of office76. Vacancies

77. Remuneration78. Dissolution

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8 No. 19614 -7GOVERNMENT GAZETTE, 18 DE \ ~. ..- .Act No. 117.1998 LOCAL GOVERNMENT MUNICWAL STRUCTURES ACT,1998Part 5: Other committees ofmunicipal councils

79. Establishment80. Committees to assistPart 6: Participation of traditional leaders

81. Participation in councils

Part 7 Municipal managers

82. Appointment

CHAPTER 5

FUNCTIONS AND POWERS OF MUNICIPALITIES

83. General84. Division of functions and powers

85. Adjustment of division of functions and powers

86. Resolution of disputes87. Temporary allocation

88. Co-operation between councils89. District management areas

CHAPTER 6

MISCELLANEOUS MATTERS

90. Cross-boundary municipalities91. Exemptions from pro~risions of Act92. Regulations93. Application of this Act and transitional arrangements

94. Amendment of section 5 of Act 51 of 199695. Short title

SCHEDULE 1

ELECTORAL SYSTEM FOR METRO AND LOCAL COUNCILSAND IN SPARSELY POPULATED AREAS

1. Definitions

Part 1: General

2. Delimitation of wards

3. Number of wards

4. Delimitation criteria5. Publication6. Electoral system for councils with wards7. Electoral system for councils without wards

Part 2: Ward elections

8. Number of votes

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10 No. 19614 GOVERNMENT G=E~, 18 DE~~IW8Act No. 117, 1998 LOCAL GOVERNMENT: MUNICIPAL STRUCTU~S ACT,

1998

Part 3: Proportional representation elections

9. Number of votes10. Submission of lists11. Party lists12. Quota

13. Allocating seats14. Uncontested elections15. Procedure if no party applications16. Excessive seats17. Insufficient party list18. Filling of vacancies and changing order

Part 4: Filling and amending party list19. Causes of vacancies20. Filling of vacancies and changing order

SCHEDULE 2

ELECTORAL SYSTEM FOR DISTRICT COUNCILS

1. Definitions

Part 1: Proportional elections

2. Electoral systems for party representatives3. Number of votes4. Submission of listsj. Party lists6. QuoVd7. Allocating seats8. Uncontested elections9. Procedure if no party applications

10. Insufficient lists11. Filling of vacancies12. Causes of vacancies13. Filling of vacancies and changing order

Part 2: Allocation and election of representatives oflocal councils anddistrict management areas to district councils

14. Manner of elections

15. Award of seats16. Electing representatives to district councils17. Candidates Iists18. Number of votes19. Determining quota20. Allocating seats21. Selecting from lists

22. Insufficient lists23. Filling of vacancies24. Electing members representing district management areas

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12 No. 19614 GOVERNMENT G~E~. 18 DECEMBER 1998Act No. 117.1998 LOCAL GOVERNME~ MUNICIPAL STRUCTURES ACT.

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SCHEDULE 3

ELECTION OF MUNICIPAL OFFICE-BEARERS

1. Application2. Nominations3. Formal requirements4. Announcement of candidates5. Single candidate6. Election procedure7. Elimination procedure

8. Further meetings

SCHEDULE 4

METHOD OF ALLOCATING COUNCILLORS ELECTED FROMPARTY LISTS TO METROPOLITAN SUBCOUNCILS

1. Quota

2. Allocating seats to parties

3. Designation ofcouncillors4. Councillors to serve on one council onlyj. Vacancies

Preamble

SCHEDULE 5

CODE OF CONDUCT FOR COUNCILLORS

1. Definitions2. General conduct3. Attendance at meetings4. Sanctions for non-attendance

j. Disclosure of interest6. Personal gain7. Declaration of interest8. Full-time councillors9. Rewards, gifts and favours

10. Unauthorised disclosure of information

11. Intervention in administration12. Council property13. Duty of chairperson

14. Breaches of code15. Application to traditional leaders

SCHEDULE 6

IDENTIFICATION OF TRADITIONAL LEADERS FOR PURPOSES OFSECTION 81

1. Manner of identification

2. Guidelines for identification

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-16 No. 19614 GOVERNMENT G~nE,Ig DECEMBER 1998Act No. 117, 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT.

1998

prescribe means prescribe by regulation in terms of section 92;SALGA means the South African Local Government Association recognised in terms

of section 2( I )(a) of the Organised Local Government Act, 1997 (Act No. 52 of 1997);speaker means a councillor elected in terms of section 36 to be the chairperson of amunicipal council as envisaged in section 160(1)(b) of the Constitution; 5type in relation to municipalities, means a type of municipality envisaged in section

155(2) of the Constitution, and defined in Part 2 of Chapter 1 of this Act;ward means a ward mentioned in item 2 of Schedule 1;ward committee means a ward committee established in terms of section 73.

CHAPTER 1 10

CATEGORIES AND TYPES OF MUNICWALITYPart 1: Categories of municipality

Areas which must have category A municipalities

2. An area must have a single category A municipality if that area can reasonably beregarded as 15

(a) a conurbation featuring(i) areas of high population density:(ii) an intense movement of people. goods. and services:(iii) extensive development: and(iv] multiple business districts and industrial areas; ~o

(lJ) a centre of economic activity with a complex and diverse economy:(c) a single area for which integrated development planning is desirable: and(d) having strong interdependent social and economic linkages between its

constituent units.

Areas which must have municipalities of both category C and B 253. An area that does not comply with the criteria set out in section 2 must have

municipalities of both category C and category B.

Application of criteria

4. (1) The Minister must apply the criteria set out in section 2 and determine whetheran area in terms of the criteria must have a single category A municipality or whether it 30must have municipalities of both category C and category B.

(2) The Minister may determine that an area must have a category A municipality onlyafter consultation with the MEC for local government in the province concerned, theDemarcation Board, SALGA and organised local government in the province,Declaration of metropolitan areas 35

5. (1) If the Minister determines that an area must have a single category Amunicipality, the Minister, by notice in the Government Gazette, must declare that areaas a metropolitan area,

(2) When declaring an area as a metropolitan area the Minister designates the area by

identifying the nodal points of the area but must leave the determination of the outer 40

boundaries to the Dem~cation Bored,Parts of category C areas in which category B municipalities not viable

6. (1) If a part of an area that in terms of section 3 must have municipalities of bothcategory C and category B, is declared in terms of subsection (2) as a districtmanagement area, that part does not have a category B municipality. 45


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(2) The Minister, on the recommendation of the Demarcation Board and afterconsulting the MEC for local government in the province concerned, may declare a partof an area that must have municipalities of both category C and category B as a districtmanagement area if the establishment of a category B municipality in that part of thearea will not be conducive to fulfillment of the objectives set out in section 24 of the 5Demarcation Act.(3)(a) The Minister, on recommendation of the Demarcation Board and afterconsulting the MEC for local government in the province concerned, may by notice inthe Go]ernmenfGazette withdraw the declaration of an area as a district managementarea. 10(b) When such declaration is withdrawn, the MEC for local government in theprovince concerned must, with effect from the date of the next election of municipalcouncils

(i) establish a municipality for that area in terms of section 12: or(ii) include that area into another local municipalit~ in terms of section 16. 115Part 2: Types ofmunicipali~

General

7. The different types of municipality that may be established within each catego~ ofmunicipality are defined in accordance with the following systems of municipal

government or combinations of those systems. as set out in sections 8.9 and 10: ~o(a) Collective executi~re system which allows for the exercise of executive

authority through an executive committee in which the executive leadershipof the municipalit~ is collectively vested.

(12) Mayoral executive system which allows for the exercise of executiveauthority through an executive mayor in whom the executive leadership of the 25municipality is vested and who is assisted by a mayoral committee.(c) Plenary executive system which limits the exercise of executive authority tothe municipal council itself.

(d) Subcouncil participatory system which allows for delegated powers to beexercised by subcouncils established for parts of the municipality. 30(c) MJard participatory system which allows for matters oflocal concern to wardsto be dealt with by committees established for wards.

Types of category A municipalities

8. There are the following types ofcatego~ A municipalities:(a) a municipality with a collective executive system; 35(b) a municipality with a collective executive system combined with a subcouncil

participatory system:

(c) a municipality with a collective executive system combined with a wardparticipatory system:

(d) a municipality with a collective executive system combined with both a 40subcouncil and a ward participatory system:(e) a municipality with a mayoral executive system:

~) a municipality with a mayoral executive system combined with a subcouncilparticipatory system;

(g) a municipality with a mayoral executive system combined with a ward 45participatory system; and

(h) a municipality with a mayoral executive system combined with both asubcouncil and a ward participatory system.

%pes of category B municipalities9. There are the following types of category B municipalities:(a) a municipality with a collective executive system:

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20 No. 19614 GOVERNMENT GUE~,18 DECEMBER 1998Act No. 117, 1998 LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT,

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(b) a municipality with a collective executive system combined with a wardparticipatory system;

(c) a municipality with a mayoral executive system;

(d) a municipality with a mayoral executive system combined with a wardparticipatory system: 5

(e) a municipality with a plenary executive system; and(H a municipality with a plenary executive system combined with a wardparticipatory system.

Types of category C municipalities

10. There are the following types of category C municipalities:

(u) a municipality with a collective executive system:(b) a municipality with a mayoral executive system; and(c) a municipality with a plenary executive system,

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Determination of types for provinces

11. Provincial legislation must determine for each category of municipality the 15different types of municipality that may be established in that category in the province.

CHAPTER 2

ESTABLISHMENT OF MUNICIPALITIES

MECS to establish municipalities12. ( 1 ) The MEC for local government in a province, by notice in the Pro\i/lcia/ 20Ga:er(e. must establish a municipality in each municipal area which the Demarcation

Board demarcates in the province in terms of the Demarcation Act.

(2) The establishment of a municipality.(u) must be consistent with the provisions of this Act; and(b) takes effect at the commencement of the first election of the council of that 25municipality.

(3) The notice establishing the municipality must specify(a) the category of municipality that is established:(b) the type of municipality that is established:(c) the boundaries of the municipal area: 30(d) the name of the municipality;(e) the number of councillors as determined in terms of section 20:(f) which councillors of the municipality (if any ) maybe designated as full-time

in terms of section 18(4):

(g) any adjustments in the division of functions and powers in terms of section 85 35affecting the municipality:

(II) any provisions of this Act from which the municipality has been exempted interms of section 91: and(i) any other relevant detail.

(4) The MEC for local government must 40(a) at the commencement of the process to establish a municipality, give writtennotice of the proposed establishment to organised local government in theprovince and any existing municipalities that may be affected by theestablishment of the municipality;

(b) before publishing a notice in terms of this section. consult 45(i) organised local government in the province: and

(ii) the existin& municipalities affected by the proposed establishment: and(c) after such consultation publish particulars of the proposed notice for public

comment.

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(c) subject to section 20, to alter the number of councillors, but onlywith effectfrom the next election of the municipal council;

(d) to specify which councillors of the municipality (if any) may be designated asfull-time in terms of section 18(4);

(e) to give effect to any adjustments in the division of functions and powers in 5terms of section 85 which affect the municipality;

~) to specify any provisions of this Act from which the municipality has beenexempted in terms of section 91;

(g) to give effect to any change in boundtiies; or(h) to further regulate the matters mentioned in section 14 after consulting all 10affected municipalities.

(2) Any amendment of a section 12 notice must be consistent with the provisions of

this Act.

(3) The MEC for local government must(a) at the commencement of the process to amend a section 12 notice, give written 15notice of the proposed amendment to organised local government in the

province and any existing municipalities that may be affected by theamendment;(b) before publishing the amendment notice consult(i) organised local government in the province: and ~o

(ii) the existing municipalities affected by the amendment; and(c) after such consultation publish particulars of the proposed notice for publiccomment.

Repeal, amendment or replacement of section 12 notices when boundaries arere-determined 2517. (1) When the Demarcation Board in terms of the Demarcation Act re-determines

a municipal boundary which affects the area of a municipality established in terms ofsection 12(a) the provisions of sections 12 and 14 are applicable to the extent necessary to

give effect to the re-determination; and 30(b) the MEC for local government in the province concerned must repeal, amendor replace the relevant section 12 notice as may be required in thecircumstances.

(2) Before repealing, amending or replacing any notice in terms of subsection (1 )(b).the MEC for local government must consult the affected municipalities. 35

(3) Any repeal, amendment or replacement of a section 12 notice takes effect on a datementioned in the notice, but if the number of councillors is changed section 16(1)(c)applies.

CHAPTER 3

MUNICEAL COUNCILS 40Part 1: Composition, membership, operation and dissolution

Municipalities must have municipal councils

18, (1) Each municipality must have a municipal council.(2) A municiprd council must meet at least quarterly.(3) A municipal council consists of a number of councillors determined by the MEC 45

for local government in the province concerned by notice in the Provincial Gazette.

(4) A municipality has the power to designate councillors determined by the MEC forlocal government as full-time, An MECS determination must be in accordance with apolicy framework as maybe determined by the Minister after consulting the MECS forlocal government. 50


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36 No . 19614 GOVERNMENT GHETTE, 18 DECEMBER 1998Act No . 117, 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTUMS ACT,

(a)

(b)

1998

in accordance with procedures in its rules and orders, may, or at the request inwriting of at least one quarter of the councillors, must, review any decisiontaken by a committee or functional in consequence of a delegation orinstruction, and either confirm. vary or revoke the decision subject to anyvested rights: andmay require its executive committee or executive mayor to co- ordinate or

review any decision taken by a committee or functionary in consequence of adelegation or instruction.

Criteria for establishment of committees

33. A municipality may establish a committee provided for in this Act if(a) the municipality is of a type that is empowered in terms of this Act to establisha committee of the desired kind:

(b) the establishment of the committee is necessary. taking into account(i) the extent of the functions and powers of the municipality:

(ii) the need for the delegation of those functions and powers in order toensure efficiency and effectiveness in their performance: and

(iii) the financial and administrative resources of the municipality availableto support the proposed committee: and

(c) in the case of the establishment of an executive committee, the municipalityhas more than nine councillors.

Dissolution of municipal councils

34. ( 1 ) A municipal council may dissolve itself at a meeting called specifically for thispurpose. by adopting a resolution dissolving the council with a supporting vote of atleast two thirds of the councillors.

(2) A municipal council may dissolve itselfonly when two years have passed since thecouncil was last elected.

(3) The MEC for local government in a province, by notice in the Provincial Gazette,may dissolve a municipal council in the province if(a) the Electoral Commission in terms of section 23(2)(a) of the Demarcation Act

is of the view that a boundary determination affects the representation ofvoters in that council, and the remaining part of the existing term of municipal

councils is more than one year: or(b) an intervention in terms of section 139 of the Constitution has not resulted inthe council being able to fulfil its obligations in terms of legislation.(4) The MEC for local government may dissolve a municipal council in terms of

subsection (3)(b) only(a) with the concurrence of the Minister; and

(b) after notice of that dissolution has been tabled in the National Council ofProvinces and that Council has approved the dissolution.

Caretaker provisions

3j. (1) If a municipal council is dissolved or does not have enough members to forma quorum for a meeting, the MEC for local government in the province must appoint oneor more administrators to ensure the continued functioning of the municipality until anew municipal council is elected or until the council has sufficient members for aquorum.(2) When appointing one or more administrators the MEC for local government, bynotice in the Provincial Gazette, must determine the functions and powers of the

administrator or administrators.

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Part 2: Speakers of municipal councils

Election of speakers

36. ( 1 ) Each municipal council must have a chairperson who will be called thespeaker.

(2) At itsfirstsitting after its election. or when necessav to fill a vacancy. a municipal 5council must elect its speaker from among the counciliors.

(3) The municipal manager of the municipality or. if the municipal manager is notavailable. a person designated by the MEC for local government in the province,presides over the election of a speaker.

(4) The procedure set out in Schedule 3 applies to the election of a speaker.(5) A councillor may not hold office as speaker and mayor or executive mayor at the

same time. but in a municipality of a type mentioned in section 9(e) or (f) or 10(c) thespeaker must be called the mayor.

Functions of speakers

37. The speaker of a municipal council 15

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(a)

(b)(c)(d)(()(i)

pr&sides at meetings of the council:performs the duties and exercises the powers delegated to the speaker in termsof section 32:must ensure that the council meets at least quarterly:must maintain order during meetings: 20must ensure compliance in the council and council committees with the Codeof Conduct set out in Schedule 5: andmust ensure that council meetings are conducted in accordance with the rulesand orders of the council.

Term of office of speakers

38. The speaker of a municipal council is elected for a teml ending, subject to section39. when the next council is declared elected.Vacation of office

39. The speaker of a municipal council vacates office during a term if that person(aj resigns as speaker:(b) is removed from office: or(c) ceases to be a councillor.

Removal from office

40. A municipal council by resolution may remove its speaker from office. Priornotice of an intention to move a motion for the removal of the speaker must be given. 35Acting speakers

41. If the speaker of a municipal council is absent or not available to perform thefunctions of speaker, or during a vacancy. the council must elect another councillor toact as speaker.

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(d) may vary or revoke any decision taken by a committee. subject to any vestedrights.

(4) Such a committee must report to the executive committee or executive mayor inaccordance with the directions of the executive committee or executive mayor.

Part 6: Participation of traditional leaders

Participation in municipal councils

81. (1) Traditional authorities that traditionally observe a system of customary law inthe area of a municipality, may participate through their leaders, identified in terms of

subsection (2), in the proceedings of the council of that municipality, and thosetraditional leaders must be allowed to attend and pmicipate in any meeting of thecouncil.

(2) (a) The MEC for local government in a province. in accordance with Schedule 6and by notice in the Provincial Gazette. must identify the traditionrd leaders who interms of subsection (1) may participate in the proceedings of a municipal council.

(b) The number of traditional leaders that may participate in the proceedings of amunicipal council may not exceed 10 per cent of the total number ofcouncillors in thatcouncil, but if the council has fewer than 10 councillors,only one traditional leader mayso participate.(c) If the number of traditional leaders identified in a municipalitys area of

jurisdiction. exceeds 10 per cent of the total number of councillors the MEC for localgovernment in the province may determine a system for the rotation of those traditionalleaders.

(3) Before a municipal council takes a decision on any matter directly affectin& thearea of a traditional authority, the council must give the leader of that authority theopportunity to express a view on that matter.

(4) The MEC for local government in a province, after consulting the provincialHouse of Traditional Leaders, may by notice in the Pro\incia/Ga:erre

(a) regulate the participation of traditional leaders in the proceedings of amunicipal council; and(b) prescribe a role for traditional leaders in the affairs of a municipality.

(5) When participating in the proceedings of a municipal council a traditional leader

is subject to the appropriate provisions of the Code of Conduct set out in Schedule 5.

Part 7: Municipal managers

Appointment

82. A municipal council must appoint(a) a municipal manager who is the head of administration and also theaccounting officer for the municipality: and

(b) when necessary, an acting municipal manager.CHAPTER 5

FUNCTIONS AND POWERS OF MUNICIPALITIES

General

83. (1) A municipality has the functions and powers assigned to it in terms of sections156 and 229 of the Constitution.

(2) The functions and powers referred to in subsection (1) must be divided in the case

of a district municipality and the local municipalities within the area of the districtmunicipality, as set out in this Chapter.

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(a) in the local municipality, to the district municiptiity; or(b) in the district municipality (excluding a function or power referred to insection 84( 1)(a), (o) or (p)), to the local municipality.(2) An MEC may allocate a function or power in terms of subsection (1) only if

(a) the municipality in which the function or power is vested lacks the capacity toperform that function or exercise that power; and

(b) the MEC has consulted the Demarcation Board and considered its assessmentof the capacity of the municipality concerned.(3) Subsection (2)(b) does not apply if the Demarcation Board omits to comply with

subsection (4) within a reasonable period.(4) The Demarcation Board must

(a) consider the capacity of a district or local municipality to perform the

functions and exercise the powers vested in the municipality in terms ofsection 84( 1 ) or (2) when(i) determining or redetermining the boundaries of the district and the local

municipalities; or(ii) requested in terms of subsection (2)(b) by the MEC for local government

in the province concerned to do so; and(b) convey its assessment in writing to the relevant MEC.(5) If an MEC disagrees with the Demarcation Board on the capacity of the district or

local municipality and adjusts the division of functions and powers between the district

and local municipality, or refuses to adjust the division. con~~ to the assessment of theDemarcation Board, the MEC must furnish reasons to the relevant municipalities andthe Minister before finalizing an adjustment in terms of subsection ( 1).

(6) Any adjustment of the division of functions and powers by way of an allocation interms of subsection ( 1 ) or reallocation in terms of subsection (9) must be reflected in thenotices referred to in section 12 which establish the municipalities concerned. Whereapplicable the le&al. practical and other consequences of the allocation or reallocationmust be regulated, including(a) the transfer of staff,(b) the transfer of assets, liabilities and administrative and other records; and

(c) the continued application of any by-laws, regulations and resolutions in thearea or the municipalities concerned and the extent of such application.

(7) The Minister may by notice in the Govemmenr Gazette and after consulting theMEC for local government and the municipalities concemed(u) vary or withdraw any allocation of a function or power in terms of subsection

(1) or reallocation of a function or power in terms of subsection (9); or(b) adjust the division of functions and powers between a district and localmunicipality if the MEC has refused to make an adjustment in accordancewith the assessment of the Demarcation Board.

(8) The MEC must amend the relevant section 12 notices to give effect to anyvariation or withdrawal of any allocation or reallocation in terms of subsection (7).

(9) (a) If a function or power has been allocated in terms of subsection(1) the MECfor local government in the province must regularly review the capacity of the relevantmunicipality and reallocate that function or power to that municipality when thatmunicipality acquires the capacity to perform that function or exercise that power.

(b) A reallocation in terms of paragraph (a) must be made with the concurrence of thereceiving municipality or, in the absence of such concurrence, after having consulted theDemarcation Board.

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86. If a district and a local municipality perform a function or exercise a power of asimilar nature and a dispute arises between them concerning the performance of thatfunction or the exercise of that power, the MEC for local government in the province,afler consulting them. may, by notice in the Provincial Gazette, resolve the dispute bydefining their respective roles in the performance of that function or in the exercise of 55

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Temporary allocation of functions and powers

87. (1) If the provision of basic services by a district or local municipality collapsesor is likely to collapse because of that municipalitys lack of capacity or for any otherreason, the MEC for local government in the province may, after written notice to thedistrict or local municipality and with immediate effect, allocate any functions andpowers necessary to restore or maintain those basic services, to a local municipalitywhich falls within that dis~ict municipality or to the district municipality in whose areathat local municipality falls, as the case may be.

(2) The district or local municipality may lodge a written objection against theallocation to the Minister, who may confirm. vary or withdraw the allocation afterhaving consulted the Demarcation Board.

(3) If the district or local municipality does not lodge a written objection against theallocation to the Minister within 14 days of the date of the notice referred to insubsection (1), the municipality is regarded as having consented to the allocation.

(4) The MEC for local government must reallocate that function or power to theoriginal municipality when that municipality is in a position to resume the provision ofthose basic services.

Co-operation between district and local municipalities

88. ( 1 ) A district municipality and the local municipalities within the area of that

district municipality must co-operate with one another by assisting and supporting eachother.(2) (a) A district municipality on request by a local municipality within its area mayprovide financial. technical and administrative support services to that local municipal-ity to the extent that that district municipality has the capacity to provide those supportservices.(b) A local municipality on request of a district municipality in whose area that localmunicipality falls may provide financial, technical and administrative support servicesto that district municipality to the extent that that local municipality has the capacity toprovide those support services.(c) A local municipality may provide financial, technical or administrative supportservices to another local municipality within the area of the same district municipality to

the extent that it has the capacity to provide those support services, if the districtmunicipality or that local municipality so requests.

(3) The MEC for local government in a province must assist a district municipality toprovide support services to a local municipality.

District management areas

89. In district managementfunctions and powers.

areas. the district municipality has all the municipal

CHAPTER 6

Miscellaneous matters

Cross-boundary municipalities

90. (1) This section applies to the establishment of a municipality envisaged in section155(6A) of the Constitution only if an Act of Parliament authorises the establishment ofthe municipality.(2) If the Demarcation Board demarcates a municipal area across a Provincialboundary with the concurrence of the legislatures of the provinces involved. the MECSfor local government in those provinces must, subject to subsection (1 )

(a) establish in that area, in accordance with section 12. a municipality of a typementioned in section 8, 9 or 10 agreed to between them; and

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(b) with regard to that municipality, exercise their executive authority in terms ofthis Act and any other legislation jointly, except when the provincial

governments concerned have entered into an agreement which provides for analternative arrangement envisaged in subsection (3).

(3) The governments of the provinces concerned may enter into an agreementproviding for an arrangement which may include(a) the exercise of their executive authority with regard to that municipality or in

that municipal area by functionaries of one of those provincial governmentson a delegation or agency basis;(b) the provision of financial and other assistance to the municipality; and(c) the suspension of all or any legislation of the one province and the applicationof all or any of the other provinces legislation in that municipal area.

(4) An agreement in terms of subsection (3)(c) that provides for the application of oneprovinces legislation in that part of the municipal area that falls in another province, isenforceable only if the provincial legislature of that other province passes legislationproviding for such application.

(5) If a provincial legislature no longer supports the continuation of a cross-boundarymunicipality and passes a resolution calling for the disestablishment of that municipal-ity, the Demarcation Board must redetermine the boundaries of the municipal area insuch a way that no boundary extends across a provincial boundary.

Exemptions from certain provisions of this Act

91. (1) The MEC for local government in a province. within a policy framework asmay be determined by the Minister, and by notice in the Provincial Gazette, may exempta municipality in the province from a provision of section 36(2). (3) or (4), 38 to41. 45

to 47, 48(2), (3) and (4). 50 to 53, 58, 65 to 71, 75 and 76.(2) A municipality exempted from a provision of this Act in terms of subsection(1)

may pass its own legislation with regard to the matter dealt with in the exemptedprovision.

Regulations

92. The Minister may m~e regulations not inconsistent with this Act prescribingfa) any matter that may or must be prescribed in terms of this Act; and(b) any matter that may facilitate the application of this Act.

Application of this Act and transitional arrangements

93. (l) The provisions of this Act will only apply in respect of a municipality from thedate contemplated in section 12. but this does not preclude the application of anyprovision of this Act for a purpose related to the demarcation of a municipal boundary.

the establishment of a municipality or an election of a council.(~) Ifany conflict relating to the matters dealt within this Act arises between this Actand the provisions of any other law, except the Constitution. the provisions of this Actprevail.

(3) The first term of all municipal councils after the enactment of this Act expires notlater than 1 November 2000 as determined by the Minister by notice in the Gover}lmelzfGazette.

Amendment of section 5 of Act 51 of 1996

94. Section 5 of the Electoral Commission Act, 1996 (Act No. 51 of1996), is herebyamended by the deletion is subsection ( 1 ) of paragraph fro).

Short title

95. This Act is called the Local Government: Municipal Structures Act, 1998. andt&es effect, subject to section 93, on a date determined by the President by proclamationin the Gazette.

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SCHEDULE 1

Electoral system f o r m e t r o a n d l o c a l c o u n c i l sDefinitions

1. In this Schedule, unless the context otherwise indicateschief electoral 05cer means the chief electoral officer appointed in terms of section12( 1 ) of the Electoral Commission Act, 1996 (Act No. 51 of 1996), and includes aperson designated by the chief electoral officer for the purposes of this Schedule;election means an election called in terms of section 24. and. where appropriate, alsoa by-election called in terms of section 25;independent ward councillor means a councillor who used on the ward ballot paperthe distinguishing mark or symbol of a party which did not submit a party list in termsof item 1 2;nomination day means the day determined in terms of the Electoral Act for the

announcement of the nominated candidates and parties for a municipal election;ward candidate representing a party means a ward candidate who used in an

election on the part of the ballot paper for wards the same distinguishing mark or symbolas a party which submitted a party list in terms of item 10.

Part 1: General

Delimitation of wards

2. The Demarcation Board after consultation with the Electoral Commission, forpurposes of an election. must delimit all metropolitan municipalities and all local

municipalities that must have wards, into wards.

Number of wards

3. The number of wards in a metropolitan or local municipality must be equal to thenumber of ward councillors detemined for the municipality in terms of section 22(2).Delimitation criteria

4. The Demarcation Board after consulting the Electoral Commission must delimit amunicipality into wards, each having approximately the same number of voters, ttin&into account the following criteria:(a) The number of registered voters in each ward, may not vary by more than

fifteen per cent from the norm, where the norm is determined by dividing the

total number of registered voters on the municipalitys segment of the nationalcommon voters roll by the number of wards in the municipality.(b) The need to avoid as far as possible the fragmentation of communities.(c) The object of a ward committee as set out in section 72(3) which is to enhanceparticipatory democracy in local government.(d) The availability and location of a suitable place or places for voting andcounting if appropriate, taking into consideration(i) communication and accessibility;(ii) density of population;

(iii) topography and physical characteristics; and(iv) the number of voters that are entitled to vote within the required

time-frame.(e) The safety and security of voters and election material.(f) Identifiable ward boundaries.


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Publication of delimitation

5. (1) The Demarcation Board must publish its delimitation of wards for amunicipality in the Provincial Gazette.

(2) Any person aggrieved by a delimitation may within 14 days of publication submitobjections in writing to the Demarcation Board. and the Board must

(a) consider those objections; and

(b) confirm. vary or withdraw its determination.Electoral system for metro and local councils with wards

6. A metro council, and a local council havin& wards, must be elected as follows:(a) A number of councillors equal to the number of wards in the municipalitymust be directly elected in accordance with Part 2 of this Schedule to represent

the wards in the Council; and(b) the rest of the councillors must be elected from party lists in accordance withPart 3 of this Schedule to representparties proportionally in the council.

Electoral system for local councils without wards

7. If a local council has no wards, dl the councillors must be elected from party listsin accordance with Part 3 of this Schedule to represent parties proportion~ly in thecouncil.

Part 2: Ward elections

Number of votes

8.( 1) In an election of a councillor for a ward each voter has one vote only, and a votermay vote for one candidate only.(2) in each ward the candidate who receives the most votes is the elected councillorfor that ward. ln the event of two or more candidates receiving an equal number of votes,the result will be determined by lot.

Part 3: Propofiona[ representation electionsNumber of votes

9. (1) lnan election for a metro council. or for a local council that has wards, eachvoter has two votes, and may vote for

(a) not more than one ward candidate; and(b) not more than one party.(2) lnan election for a local council that has no wards, each voter has one vote only,and may vote for one party only.

Submission ofIisk of candidates10. A list of candidates may be submitted(a) by a political party registered in terms of the Electoral Act; or(b) by a party other than a party referred to in paragraph (a) ifit

(i) has one or more office-beaers; and(ii) operates an office or has an address within the municipality to which the

election relates.

Party lists

11. (1) The number of candidates on a list submitted by a party may not exceed doublethe number of seats in the metro or local council to be filled from party lists.


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(2) The candidates names must appear on the list in the order of the partys

preference, commencin& with the first in order of preference and ending with the last.(3) Every party must seek to ensure that fifty per cent of the candidates on the party

list are women and that women and men candidates are evenly distributed through thelist.

Quota

12. (1) The quota of votes for a seat in the metro or local council, must be determinedin accordance with the following formula (fractions to be disregarded):

A +1B-C

WhereA represents the total number of valid votes cast for all parties. consisting of those

cast on the party vote and those cast for ward candidates representing parties:B represents, the number of seats in the metro or local council: and

C represents the number of independent ward councillors elected in the election.(2) If a ward candidate representing a party is elected unopposed. a vote cast by a

voter registered in that ward for the party of which that candidate is a representative

must for the purpose of factor A be counted as two votes.

Allocating seats

13. ( 1 ) (a) The total number of valid votes cast for each party on the party vote and forthe ward candidates representing the party must be divided by the quota of votes for aseat. The result is the total number of seats to which each party is entitled before anyadjustment in terms of subitem (3).(b) If a ward candidate representin& a party is elected unopposed, a vote cast by avoter registered in that ward for the party of which that candidate is a representative

must for the purpose of paragraph (a) be counted as two votes.(2) (a) If the calculation in subitem (1) yields a surplus not absorbed by the seats

awarded to a party. that surplus must compete with similar surpluses accruing to anyother party or parties. and any undistributed seat or seats must be awarded to the partyor parties concerned in sequence of the highest surplus.(b) If the surplus for two or more parties is equal the seat must be awarded to the partythat obtained the highest number of valid votes.

(3) (a) In an election for a metro council or for a local council that has wards. the chiefelectoral officer must deduct from the total number of seats to which each party isentitled in terms of subitem ( 1 ) and (2). the number of ward candidates representing thatparty who were declared elected.(b) The result is the number of seats which the party is entitled to fill from its list ofparty candidates.

(4) If no party is awarded a seat in terms of subitem ( 1). the votes for each party, readwith subitem ( 1 )(b). must be treated in accordance with subitem (2) as if they aresurpluses.

(5) The chief electoral officer must determine which party candidates are elected byselecting from the partys list, in accordance with the partys order of preference on thelist, the number of candidates that is equal to the number of seats to which the party isentitled, beginning with the first candidate on the list and ending with the lowest rankingcandidate.

Uncontested elections

14. (1) If only one party submitted a list. an election according to proportionalrepresentation must not be held for the metro or local council.


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Filling vacancies and changing the order

20. (l) A party may supplement, change or increase its list at any time, provided thatif a councillor elected according to a party list, ceases to hold office, the party concernedmay supplement, change or increase its list by not later than 21 days after the councillorhas ceased to hold office. The vacancy must be filled within 14 days after expiry of the21 days period.

(2) If a party supplements, changes or increases its list in terms of subitem(1) it mustprovide the chief electoral officer with an amended list.


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(2) The candidates names must appear on the list in the order of the partys

preference. commencing with the first in order of preference and endin& with the last.(3) Every party must seek to ensure that fifty per cent of the candidates on the party

list are women and that women and men candidates are evenly distributed through thelist.

Quota

6. The quota of votes for a seat in a district council or for a seat in a district councilas a representative of a district management area, must be determined in accordancewith the following formula (fractions to be disregarded):

A +1B

WhereA represents the total number of valid votes cast for all parties; and

B represents. as the case may be. either(a) the number of seats in the district council allocated in terms of section

23(l)(aj: or(b) the number of seats allocated to a district management area in the districtcouncil.

Allocating seats

7. (1) The total number of valid votes cast for each party must be divided by the quotaof votes for a seat. The result is the total number of seats to which each party is entitled.(~)(a) If the Calculation in subitem (1) yields a surplus not absorbed by the seatsawarded to a party, that surplus must compete with similar surpluses accruing to anyother party or parties. and any undistributed seat or seats must be awarded to the partyor parties concerned in sequence of the highest surplus.

(b) If the surplus for two or more parties is equal the seat must be awarded to the party

that obtained the highest number of valid votes.(3) If no party is awarded a seat in terms of subitem (1). the votes for each party mustbe treated in accordance with subitem (2) as if they are surpluses.

(4) The chief electoral officer must determine which party candidates are elected by

selecting from the partys list, in accordance with the partys order of preference on thelist. the number of candidates that is equal to the number of seats to which the party isentitled. beginning with the first candidate on the list and ending with the lowest ranting

candidate.

Uncontested elections

8. (1) If only one party submitted a list. an election must not be held for the districtcouncil or in the district management area concerned.(~)The number of seats to which the pm y isentitled is th etotal number Of seats onthe council to be filled by the election concerned.

(3) The chief electoral officer must determine which party candidates are elected byselecting from the partys list, according to the partys order of preference on the list, thenumber of candidates that is equal to the number of seats to which the party is entitled.

Procedure if no party applications

9. (1) lf no party applies for registration or every application is rejected, a by-electionmust be held within 90 days of nomination day.


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(2) lf no party applies for registration or every application is rejected for theby-election(a) the municipal manager must notify the chief electoral omcer within 24 hours;(b) the chief electoral officer within seven days must determine the date for a

further election which must be held within 90 days; and(c) the vacancies must remain unfilled until such time as they are filled by way ofelection.

(3) Section 25 applies to a by-election in terms of this item. to the extent that thatsection can be applied.

Insufficient party lists

10. (1) If a party list contains fewer candidates than the party is entitled to. the chiefelectoral officer must in writing immediately notify the party of the exact shortfall andrequest the party to deli~er a list supplemented by the name or names of one or moreeligible candidates.(~~lmmedlatelY upon receipt of the Ilstrefened to in subitem (1), the chief electors]officer must allocate the number of representatives, in the order of preference on the list,to which the party is entitled.(3) (a) Subject to paragraph (b)

(i) if the party concerned has ceased to exist. the seat or seats must remainunfilled;

(ii ) if the party concerned does not deliver a supplemented list, the seat or seatsremain unfilled until it delivers a list; or

(iii) if the party concerned delivers a supplemented list containing fewer namesthan the number of seats to be filled from that list. the seat or seats remainunfilled to the extent of the shortfall until it delivers a further list.

(b) Where seats are unfilled in terms of paragraph (a). and the vacancies render aquorum for the municipal council impossible, the party concerned forfeits the unfilledseats, and the seats must be filled within 14 days in accordance with subitems (4) to (8).

(4) If a party forfeits seats, a new quota of votes for a seat must be determined inaccordance with the following formula (fractions to be disre&arded):

WhereA represents the total number of valid votes cast for all parties;

B represents the total number of valid votes cast for the party that has forfeited seats;C represents the number of seats in the council to be filled in the election; andD represents the number of seats awarded to the forfeiting party.

(5) (a) The total number of valid votes cast for each party. excluding the party that hasforfeited seats. must be divided by the quota of votes for a seat. The result is the totalnumber of seats to which each party is entitled.

(b) If the calculation in paragraph (a) yields a surplus not absorbed by the seatsawarded to a party, that surplus must compete with similar surpluses accruing to any

other party or parties, and any undistributed seat or seats must be awarded to the partyor parties concerned in sequence of the highest surplus.(c) If the surplus for two or more parties is equti, the seat must be awarded to the partythat received the highest number ofvalid votes.

(6) If no party is awarded a seat in terms of subitem (5)(a) the votes for each partymust be treated in accordance with subitem (5)(b) as if tiey are surpluses.

(7) The chief electoral officer must determine in the manner provided in item 8(3)which party candidates are elected.

(8) If a party is entitled to an additional number of seats in terms of subitem (5) andits list of candidates does not contain a sufficient number of candidates, the party

concerned, subject to subitem (1), forfeits the unfilled seats and the process provided inthis item must be repeated until all seats have been filled or until all listed candidateshave been allocated to a vacant seat.


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(2) Each local municipality and each district management area in the area of a district

municipality is entitled to a number of seats on the district council determined bydividing the total number of voters registered on the segment of the national commonvoters. roll for that local municipality or district management area by the quota of votesfor a seat on the district council determined in accordance with subitem (1).(3)

If the calculation in subitem (2) gives a figure that is a fraction of the figure 1, thecouncil or dis~ict management area, must be awarded one seat and must not participatein any further calculation or award.

(4) If the calculation in subitem (2) yields a surplus, that surplus must compete withsimilar surpluses of any other council or district management area. and any seat or seatsnot awarded in terms of subitems (2) and (3) must be awarded in sequence of the highestsurplus,

Electing local councils representatives to district councils

16. ( 1 ) The chief electoral officer must manage the election of representatives of alocal council to the district council.(2) If a local council has been awarded one seat

(a) any councillor may nominate a candidate;(b) each councillor has one vote: and(c) the candidate who receives the most votes is elected.(3) If the council has been awarded more than one seat, the council must elect that

number of members according to proportional representation as set out in items 17 to 22.Candidates lists

17. ( 1 ) Every party or councillor may submit a candidates list containing the namesofcouncillors, accompanied by a written acceptance by each listed candidate.

(2) A party or councillor may not submit more than one list.(3) The candidates names must appear on the list in order of preference, startin& with

the first in order of preference and ending with the last,(4) The name of a councillor may appear on one list only.(5) Every party or councillor must seek to ensure that fifty per cent of the candidates

on the candidates list are women and that women and men candidates are evenlydistributed through the list.

Number of votes

18. Each councillor casts one vote for one list only.Determining the quota

19.ln a local council, the quota of votes for a seat to the district council must bedetermined in accordance with the following formula (fractions to be disregarded)++1WhereA represents the number of members of the local council; and

B represents the number of seats that the local council has beendistrict council in accordance with item 15.

Allocating seats

awarded on the

20. (1) The number of votes cast in favour of each list must be divided by the quotaof votes for a seat and the result is the number of seats allocated to that list.

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other similar surpluses of any other lists, and any seat or seats not allocated undersubitem (1) must be awarded in sequence of the highest surplus.

Selecting names from the list

21. The chief electoral officer, inaccordance with theorder ofpreference on a list,must select the number ofcandidates from tie list that is equal to the number of seatsallocated to that list.

Insufficient lists

22. In the case of a list containing fewer names than the number of seats allocated tothat list. the corresponding provisions of item 10 must be applied to the extent that thatitem can be applied.

Filling of vacancies

23. If a councillor elected from a candidates list ceases to hold office or the list hasbecome exhausted. the corresponding provisions of item 11 must be applied to the extentthat that item can be applied.

Electing members representing a district management area

M. The councillors representing a district management area must be elected inaccordance with the proportional electoral system set out in Part 1 of this Schedule.


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S C H E D U L E 3

Election of municipaloflce-bearersApplication

1. The procedure set out in this Schedule applies whenever a municipal council meets

to elect a speaker, an executive mayor. a deputy executive mayor, a mayor or a deputymayor.Nominations

2. The person presiding at a meeting to which this Scheduie applies must call for thenomination of candidates at the meeting.

Formal requirements

3. (1) A nomination must be made on the form determined by the municipal manager.(2) The form on which a nomination is made must be signed by two members of the

municipal council.

(3) A person who is nominated must indicate acceptance of the nomination by signingeither the nomination form or any other form of written confirmation.

Announcement of names of candidates

4. At a meeting to which this Schedule applies, the person presiding must announce

the names of the persons who have been nominated as candidates, but may not permitany debate.

Single candidate

5. If only one candidate is nominated. the person presiding must declare that

candidate elected.

Election procedure

6. If more than one candidate is nominated(a) a vote must be taken at the meeting by secret ballot:(b) each councillor present at the meeting may cast one vote; and(c) the person presiding must declare elected the candidate who receives a

majority of the votes.

Elimination procedure

7. (1 ) lf no candidate receives a majority of the votes, the candidate who receives thelowest number of votes must be eliminated and a further vote taken on the remainingcandidates in accordance with item 6. This procedure must be repeated until a candidatereceives a majority of the votes.

(2) When applying subitem (1), if two or more candidates each have the lowestnumber of votes, a separate vote must be taken on those candidates, and repeated asoften as may be necessary to determine which candidate is to be eliminated.

Further meetings

8. (1) If only two candidates are nominated, or if only two candidates remain after anelimination procedure has been applied, and those two candidates receive the samenumber of votes, a further meeting must be held within seven days at a time determined

by the person presiding.

(2) If a further meeting is held in terms of subitem (1), the procedure prescribed in thisSchedule must be applied at that meeting as if it were the first meeting for the electionin question.


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SCHEDULE 4

Methodof allocating councillors elected from parp lists to metropolitan subcouncilsQuota

1. (1) The quota of votes for a seat in the section 63(1)(b) component of ametropolitan subcouncil, is determined by dividing the total number of valid votes castfor parties on the party vote in the area of that subcouncil in the election for themunicipal council concerned. by the total number of seats in that component, plus one.(2) The result, plus one. disregarding fractions, is the quota of votes per Seat.Allocating seats to parties

2. (1 ) The total number of valid votes cast for each party on the party vote in the areaof the metropolitan subcouncil must be divided by the quota of votes per seat. The resultis the total number of seats to which each party is entitled in the section 63(1 )(b)

component of that subcouncil.(2) (a) If the calculation in subitem (1) yields a surplus not absorbed by the seatsawarded to a party. that surplus must compete with similar surpluses of any other parties,

and any undistributed seat or seats must be awarded to the party or parties concerned insequence of the highest surplus.

(b) lf the surplus for two or more parties is equal. the speaker of the municipality mustdetermine by lot which of those parties is entitled to the seat.(3) If no party is awarded a seat in terms of subitem (1), the votes for each party mustbe treated in accordance with subitem (2) as if they are surpluses.Designation ofcouncillors for metropolitan subcouncils

3. Each party represented in a metro council must designate from among thecouncillors elected from its party list, its representatives to each metropolitan subcouncilin the municipality with regard to which seats were awarded to it in terms of item 2.

Councillors to serve on one metropolitan subcouncil only4. No councillormay serve on more than one metropolitan subcouncil.

Vacancies

5. Parties must fill vacancies as they occur.


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SCHEDULE 5

CODE OF CONDUCT

Preamble

Councillors are elected to represent local communities on municipal councils, toensure that municipalities have structured mechanisms of accountability to localcommunities, and to meet the priority needs of communities by providing services

equitably, effectively and sustainably within the means of the municipality. In fulfillingthis role councillors must be accountable to local communities and report back at leastquarterly to constituencies on council matters, including the performance of themunicipality in terms of established indicators. In order to ensure that councillors fulfiltheir obligations to their communities, and support the achievement by the municipalityof its objectives set out in section 19 of the Act, the following Code of Conduct isestablished.

Definitions

1. In this Schedule partner. means a person who permanently lives with anotherperson in a manner as if married

General conduct ofcouncillors2. A councillor must(a J perform the functions

manner: and

of office in good faith. honestly and a transparent

(b) at all times act in the best interest of the municipality and in such a way thatthe credibility and inte&rity of the municipality> are not compromised.

Attendance at meetings

3. A councillor must attend each meeting of the municipal council and of a committeeof which that councillor is a member, except when

(u/ leave of absence is granted in terms of an applicable law or as determined bythe rules and orders of the council; or(b) that councillor is required in terms of this Code to withdraw from the meeting.

Sanctions for non-attendance of meetings

4. ( 1 ) A municipal council may impose a fine as determined b! the standing rules andorders of the municipal council on a councillor for:(a) not attending a meeting which that councillor is required to attend in terms of

item 3; or(b) fdiling to remain in attendance at such a meeting.

(2) Acouncillor who is absent from three or more consecutive meetings of amunicipal council, or from three or more consecutive meetings of a committee. whichthat councillor is required to attend in terms of item 3. must be removed from office asa councillor.(3) Proceedings for the imposition of a fine or the removal of a councillor must beconducted in accordance with a uniform standing procedure which each municipal

council must adopt for the purposes of this item. The uniform standing procedure mustcomply with the rules of natural justice.

Disclosure of interests

5. (1) A councillormust


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1998

(4) The MEC for local government may appoint a person or a committee toinvestigate any alleged breach of a provision of this Code and to make a recommenda-tion on whether the right of the traditional leader to participate in the proceedings of themunicipal council should be suspended or cancelled.

(5) The Commissions Act, 1947. may be applied to an investigation in terms ofsubitem (4).

(6) If the MEC is of the opinion that the traditional leader has breached a provision ofthis Code. and that such breach warrants a suspension or cancellation of the traditionalleaders right to participate in the councils proceedings, the MEC may

(a) suspend that right for a period and on conditions determined by the MEC: or(b) cancel that right.(7) Any investigation in terms of this item must be in accordance wiifi;l~eiules ::

natural justice.(8) The suspension or cancellation of a traditional leaders righ[ to participate in the

proceedings of a council does not affect that traditional leaders right to address the

council in terns of section 81(3).


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1998

SCHEDULE 6

Identi@ation ofWadtional leaders for purposes of section 81Manner of identification

1. (1) If it comes to the notice of the MEC for local government in a province that oneor more traditional authorities traditionally observe a system of customary law in thearea of a municipality, the MEC(a) must inform the provincial House of Traditional Leaders of the maximum

number of traditional leaders that may be identified in terms of section 81 to

participate in the proceedings of the council of that municipality;

(b) must request that House of Traditional Leaders to recommend which leadersof that traditional authority or of those traditional authorities can be identifiedfor the purposes of section 81;(c) on receipt of the recommendation, or if no recommendation is received within30 days after the request in terms of paragraph (b) has been made, mayidentify the leaders of that authority or authorities; and

(d) if any leaders have been identified in terms of paragraph (c), must submit thenames of those leaders to the municipal manager of that council.

(2) In a province in which no provincial House of Traditional Leaders has beenestablished, the MEC must consult the traditional authority concerned beforeidentifying any leader for the purposes of section 81.

Guidelines for identification

2. The traditional leader to be identified must(a) hold the supreme office of authority among all the leaders of the traditional

authority referred to in item 1; and

(b) be ordinarily resident within the area of the municipality concerned.

Municipal Structures Act

Documents

Transcript of Municipal Structures Act